1. Thinking about Changing from L-1A to H-1B and Have I-140 EB-13 Approval Already. Should I?
I am here as an intracompany transferee under L-1A manager status in my fourth year and am thinking about changing my status to H-1B specialized worker. My I-140 petition as a multinational manager under EB-13 has already been approved. I am doing this because I am born in India (very long waiting time) and I know that I have a chance to continue my legal nonimmigrant status even when the maximum time for my H-1B expires which I would not have under L-1A status. What is your opinion of my thinking?
Mr. Lee answers,
I do not see any negative impact with your plan to switch from L-1A to H-1B if you are able to do so successfully. I note that you would have to be selected under the new H-1B registration process of U.S.C.I.S. and the company would have to prove that your position is a specialized occupation if you are selected. If you stay with your present company for the long duration, you may under current law still receive your permanent residence through the approved I-140 petition as long as the job is the same, or the job changes but is in the same or similar occupation six months after filing your I-485 application for adjustment of status. If your job changes fundamentally with your present organization, you would have to go through a labor certification application process or another EB-1C petition even though you would be entitled to maintain the priority date of your I-140 approval. If you move to another company, you would only be able to continue your entire case if you were in the I-485 stage, the I-485 was pending for six months, and the new position is in the same or similar occupation you had in the approved I-140 petition.